In an application to quash a summoning order passed on a printed proforma without judicial application of mind, the court held the order unsustainable and quashed it, directing a fresh order within two months.
Quashing of the impugned cognizance/summoning order dated 23.12.2022 and direction to pass a fresh order within two months.
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Neutral Citation No. - 2023:AHC:125274
Court No. - 72
Case :- APPLICATION U/S 482 No. - 21469 of 2023
Applicant :- Om Prakash Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicant for quashing the summoning order dated 23.12.2022 as well as the entire proceedings of Criminal Case No.582 of 2022 (State Vs. Om Prakash Mishra), arising out of Case Crime No.339 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Chauri Chaura, District Gorakhpur pending in the court of Additional Chief Judicial Magistrate, Court No.1, Gorakhpur.
It is submitted by learned counsel for the applicant that impugned cognizance/summoning order has been passed on a printed proforma by filling the blanks and it has been passed without application of judicial mind and as such, it is not sustainable in the eyes of law. Learned counsel for the applicant has placed reliance on the judgment of this Court in the case of Ankit Vs. State of U.P. and another, reported in 2009(9) ADJ page 778.
On the basis of aforesaid judgment, it has been submitted by learned counsel for the applicant that summoning of accused in criminal case is a serious matter and the order impugned reflects that the Magistrate had not applied its judicial mind, as in the present case the impugned cognizance/summoning order has been passed on printed proforma, which clearly indicates that the same has been passed without applying judicial mind and the learned Magistrate only put its signature at the bottom of order.
On the other hand, learned AGA has submitted that summoning order has been passed by the learned Magistrate after considering the material which are available on record, but he could not dispute the fact that the order taking cognizance has been passed on the printed proforma.
The present case is finally decided at the admission stage itself without issuing notice to the opposite party no.2.
From bare perusal of impugned cognizance/summoning order, it is apparent that it has been passed on a printed proforma by filling the blanks and it appears that the blanks were filled up by some staff of the concerned Magistrate and the concerned Magistrate has only put its initial at the bottom of summoning order.
The law on this point is well settled that prior to taking cognizance and issuing summons to the accused-persons, the concerned Magistrate has to apply its judicial mind and that the cognizance/summoning order cannot be passed in a mechanical manner.
In view of above, since impugned cognizance/summoning order has been passed on a printed proforma by filling the blanks without application of judicial mind and as such, it is not sustainable in the eyes of law.
Accordingly the application under section 482 Cr.P.C. is allowed. The impugned cognizance/summoning order dated 23.12.2022 is hereby quashed.
The concerned Magistrate is directed to pass a fresh order regarding cognizance as well as summoning of the applicant in the aforesaid case in accordance with law, after applying its judicial mind within a period of two months from the date of production of a copy of this order.
Order Date :- 7.6.2023 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether a summoning order passed on a printed proforma without application of judicial mind is sustainable in law.
Whether an application under Section 482 Cr.P.C. can be decided at the admission stage without issuing notice to the opposite party.
Colour shows how this judgement treated each authority
Ankit Vs. State of U.P.Referred¶8
Ankit Vs. State of U.P. and another, reported in 2009(9) ADJ page 778
1 provisions across 1 enactments
Om Prakash Mishra
State of U.P.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
